Shawn J. Roberts’s Answers

Shawn J. Roberts

Oklahoma City Business Attorney.

Contributor Level 8
  1. How do I avoid probate on my estate ?

    Answered almost 2 years ago.

    1. James P. Frederick
    2. Shawn J. Roberts
    3. Brook D Wood
    4. Rabea Taylor
    5. Steven J. Fromm
    5 lawyer answers

    It is hard to say whether what you have done will be enough without more information. The key point is that your property (both real and personal) must be set up to transfer upon your death. For example, if two people own their home as "joint tenants with right of survivorship" upon the death of the one of the two people, the surviving person will be the owner of the whole property, without having to go through probate. I have blogged about the issue of avoiding probate and related items...

    4 lawyers agreed with this answer

  2. What are the restrictions of an estate with a person who has gaurdianship

    Answered over 2 years ago.

    1. Shawn J. Roberts
    2. Steven M Zelinger
    3. Maria C Schmidlkofer
    4. James Brian Thomas
    4 lawyer answers

    I think the answers from the other attorneys are generally on the right track. There are several Oklahoma statutes that set out what a guardian can and cannot. These statutes also explain what a person who the ward (the person for whom the guardian is appointed) can do. I practice law in Oklahoma and I am familiar with these issues, please contact if you would like discuss any of these things.

    2 lawyers agreed with this answer

  3. I hired a roofing contractor, he didn't finish the work, I told him I would sue. I did some research and contacted

    Answered almost 2 years ago.

    1. Shawn J. Roberts
    2. Peter Joseph Lamont
    2 lawyer answers

    You definitely need to talk with an Oklahoma attorney. I am one but if you don't follow up with me contact someone in Oklahoma that can go over the issues and sort out a plan for addressing the problems.

    1 person marked this answer as helpful

  4. How long should it take a lawyer to start the probate process?

    Answered over 2 years ago.

    1. Joseph M. Masiuk
    2. Steven J. Fromm
    3. Shawn J. Roberts
    4. Michael S. Haber
    4 lawyer answers

    I agree with everyone who has responded - there is problem. The attorney should be communicating with you, including returning your calls and if there is a reason why the probate case has not been filed, explaining that reason. In a lot of cases, the probate process would actually be *finished* in five months. I do probate law in Oklahoma. If you have any questions, please feel free to contact me.

    1 person marked this answer as helpful

  5. I was awarded half of his 401K and a settlement. I recieved the settlement, but I still have not recieved the 401K rollover.

    Answered almost 2 years ago.

    1. Shawn J. Roberts
    2. Joseph Henry Sparacino
    2 lawyer answers

    It sounds like you need to talk with an Oklahoma attorney who can advise you on what do to carry out the court's order. If you will email me (sjr@shawnjroberts.com), I will give you the names of a couple of Oklahoma City-area attorneys that may be able to help you.

  6. In a living trust, if I add or remove funds from accounts do I need to change the Trust?

    Answered almost 2 years ago.

    1. Michael Austin Hackard
    2. Shawn J. Roberts
    3. Eric Jerome Gold
    3 lawyer answers

    If you are simply adding or removing funds from an account owned by your revocable trust, you shouldn't need to make any changes to the trust. If you want to talk a little more about this issue, I am an Oklahoma attorney and I am happy to set up a time to talk with you.

  7. In my Living Trust, if I leave 100% of money I received from inheritance to my son but I'm married will it still go to my son?

    Answered almost 2 years ago.

    1. Shawn J. Roberts
    2. Eric Jerome Gold
    2 lawyer answers

    It would be wise to make an appointment with an attorney and discuss this issue in more detail. Because you are married, your spouse has a right under Oklahoma law to receive part of the property that is considered "marital". If the property is "marital" regardless of whether you put it into a trust or other account, it is going to be subject to your spouse's right to receive part of it (assuming there is no pre-nuptial agreement). Check out my blog post that is linked to this answer for...

  8. I need some information about a Power of Attorney?

    Answered over 3 years ago.

    1. Shawn J. Roberts
    2. Alan James Brinkmeier
    2 lawyer answers

    A power of attorney does not have to be filed with a court or signed by a Judge to be legal in Oklahoma. Creating and signing the power of attorney in compliance with Oklahoma law makes it effective. In some cases, a power of attorney that effects real property must be recorded with county court clerk in the county in which the real property is located to make the power of attorney as to the real property. Shawn www.shawnjroberts.com

  9. I need to file legal guardianship for my elderly mother. Her present caregiver is an alcoholic & mismanaging her estate.

    Answered over 3 years ago.

    1. Shawn J. Roberts
    2. Steven J. Fromm
    2 lawyer answers

    I practice in the Oklahoma City area and I will share a few thoughts. Generally, you start the process of guardianship through filing a Petition for Appointment of Guardian in the county district court where your mother lives. You will want to be appointed guardian over both her "person" and "estate." It sounds like it could be Cleveland County in your case. To have the Court appoint a guardian, you will need to demonstrate that your mother is "incapacitated." Usually this is done...